“Stark” Differences: DOJ’s Renewed Focus on Stand-Alone Stark Law Violations
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The Department of Justice (DOJ) is breathing new life into False Claims Act (FCA) enforcement based on the Stark Law (Stark), 42 U.S.C. § 1395nn, also known as the Physician Self-Referral Law. Over the past few months, DOJ has filed two FCA complaints-in-intervention focusing on Stark violations and announced at least two multimillion-dollar Stark-related settlements. These developments come on the heels of similar DOJ activity throughout 2023, suggesting a likely uptick in Stark Law-based enforcement going forward.
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